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Britain Section 3

o The British Constitution

Lacks a formal written constitution (there is no single document called the

constitution)

Statutory law, common law, convention and authoritative interpretation

y Acts of Parliament

o Parliament and the crown

o Rights of the state and citizen

o Relationship of constituent nations

o UK in the EU

Bill of Rights of 1689: defined relationship between Parliament and Crown

No system of checks and balances

y Organization of the State

o Westminister model: British government today

o Parliamentary sovereignty: parliament can make and overturn any law (this power is

absolute), nothing can overrule Parliament

o Parliamentary democracy: prime minister is answerable to the HOC and can be dismissed

by it (also known as the vote of no confidence, has only been used twice)

o European Communities Act: passed in 1972 which acknowledged the fact that the

European Union laws has power in the UK without requiring parliamentary consent, and

that the European Court of Justice has the power to resolve jurisdictional disputes (ECJ

has suspended acts of Parliament before)

o Unitary state: there is no power given to divisions within the UK (so theres nothing like

state powers in the UK), the UK is decided as one unit

o Quasi-federal System:created under Tony Blair, legislative bodies in Scotland, Wales and

Northern Ireland have been given specific powers

o Fusion of powers: Parliament is the supreme legislative, executive and judicial authority

(absolute power)

y The Executive

o Cabinet Government

Key functions

y Policy-making

y Supreme control of government

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y Coordination of government

Crown invites leader of majority party to form a government

y Leader chooses ministers

o Foreign Office

o Home office

o Chancellor of the Exchequer

Ministers

y Cabinet

o forms policy which will be placed before parliament

o Controlling and directing body for executive branch

y Required to be MPs

y PM must get support of the majority for the cabinet for many decisions

(budget and legislation)

Checking the PM

y Vote of no confidence is rarely used

y Usually the cabinets role

o Very weak, there are no checks and balances

Collective responsibility

y Scope has been narrowed (Blair, Thatcher)

y PM, a few ministers, and advisors make decisions in small meetings

Tony Blair

y Power to declare war had been handed over to Parliament

y Effectiveness and centrality of cabinet and cabinet committees is

questionable

Support for the cabinet

y Cabinet committees (ministers)

y Official committees(civil servants)

y The Treasury: budget control

y Whips (leaders in the HOC and HOL): smooth passage of legislation

o Bureaucracy and Civil Service

Permanent secretary

y Senior civil servant

o Chief administrator

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o Very large department

y Other roles

o Deputy secretaries and undersecretaries (assist PS)

o Principal private secretary (assists a minster as liaison with senior

civil servants)

Civil servants: servants to the Crown, but NOT part of government

y Have operational duties

y Conceptualize and refine legistlation

y Operational duties

y Been downsized and given a new corporate structure

y Impartiality is eroded

o Public and Semipublic Institutions

Nationalized Industries

y Basic industries: coal, iron, steel, gas and electricity supply

y Will not be returned to public ownership of industry

Nondepartmental Public Bodies

y Quangos/Nondepartmental public bodies: combination of government

and private sector

o Government provides funding, fuction and appointment of staff,

but ministers are not directly involvedo Controversial areas of policies are avoided

y Other State Institutions

o The Military and Police

The military is still a global presence

y 1982: Britain wins the Falkland/Malvinas Islands from Argentina

y 1991: Britain participates in the Gulf War

y 1998: Aerial bombardment of Iraq with the US

y 1999: the Kosovo campaign

y 2003: Iraq War

Role of military is not really a controversy

The police as independent force

y 1980s: growth in government control, centralization, and level of

political use

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y 1984-1985: unprecedented use of national force

y 1990s: concerns about police conduct arise

o The Judiciary

Limited judicial role

Courts can only determine whether policy or administrative acts violate common

law or an act of Parliament

y Has no power to judge constitutionality

Criticisms

y Jurists used for partisan ends

y Deflect criticism

Parliament is bound by the European Court of Justice

y Sex Discrimination Act of 1986

y Human Rights Act of 1988

o Subnational Government

Distinct nations (England, Scotland, Wales and Northern Ireland)

National Government

Local Government

y No constitutionally reserved powers

y Have autonomy in finance and implementing social services and related

policies

y 1973: Government sets first fiscal check on local governments

y 1986: Thatcher abolishes several city councils introduces poll tax to

substitute property tax

y The Policy-Making Process

o Policy-making emerges in the executive

o Influenced by policy communities (informal networks with extensive knowledge, access

and personal connections to those responsible for policy)

Network of civil servants, ministers, policy communities work together through

informal ties

o Method has been challenged by giving more power to the EU

More time spend on EU policy deliberations

Constrained by the EU agenda and directives